WARNING Do not laminate your Railcard !!

[Douglas52]

A friend has a YP 16-25 Railcard. He laminated it to protect it and used it for 6 months without any problems. Then on a Cross Country train an inspector confiscated it and the rail ticket because the magnetic strip could not be read through the lamination.

 

Now Transport Investigations have sent him a penalty for not having a valid ticket and threaten criminal proceedings if it isn't paid. I am told all of the info on the strip is printed on the card and I cannot find anywhere in any of the rail regulations or card T&Cs that lamination = damage = invalid.

 

It is stated in the Disabled Persons Railcard T & Cs that this is the case but NOT in the Young persons.

 

Who would think that laminating a card constituted damage!!

 

They quoted Byelaw 20 but omitted the second part!!!

20. Altering tickets and use of altered tickets

(1) No person shall alter any ticket in any way with the intent that an Operator shall be defrauded or prejudiced.

(2) No person shall knowingly use any ticket which has been altered in any way in breach of Byelaw 20(1).

I have little knowledge of English Law but I would think this means they would have to prove intent and knowing.

 

any advice appreciated. This is ridiculous!!

[king12345]

Bylaws are strict liability so no intent to be proved.

However this inspector must be very keen or desperate to make such a report.

Maybe there's more to the story that your friend is not telling you

[Douglas52]

Hmmm that's not good, I didn't understand 'strict liability'

 

I am told this particular inspector has a reputation, no problem with that for fare dodgers,

but what if that card had been corrupted by a blackberry magnet during the journey?

I have done this with my hotel keycard on many occasions.

Surely the printed text backs up the strip and vice versa?

 

Passenger Focus have complained about TIL catching too many innocent people and suggested possible revenue enhancement.

 

In any event, I have trawled the T&Cs, bye laws and conditions of carriage.

The only place they say lamination is in the disabled persons card which does not apply-

inconsistent rules and I suspect they have mixed them up.

 

As usual, getting justice will cost far more than the fine....

[rebel11]

Hi Douglas52

 

Write a Formal Letter of Complaint, mark it as such. Explain what has happened (Railcard lamenated for protection - the railcard is valid and paid for), how they have let you down (Penalty when a vaild Railcard has been purchased) and what you want them to do (cancel Penalty). Put your case to him.

 

Send it to him:-

 

Mr Andy Cooper

Chief Executive

Cross Country Trains

Andy.Cooper@crosscountrytrains.co.uk

[firstclassx]

You are not permitted to laminate a railcard.

 

As specified, it makes it impossible to verify the content of the magnetic strip, and does not allow easy inspection of the security print features, (e.g. checking it isn't a laminated photocopy/scan etc).

 

In addition to this, the heat process of the laminating machine can affect the ticket stock as they are printed on thermal paper/card.

 

I would personally also withdraw the railcard as it is clearly altered. There is absolutely no reason to laminate any ticket or railcard, as if the print was to fade, a free replacement is given from any railway station, with or without a receipt.

 

The National Rail Conditions of Carriage state:

 

Your obligations

You must:

• Have a valid ticket or tickets for the whole of your journey, at the time you want to

travel and on the route and trains you want to use. Unless otherwise indicated,

you must purchase your ticket before boarding the train you intend to use.

• Have a ticket or Permit to Travel before you get in a train where Penalty Fares

apply. Warning notices will be displayed at stations if they apply.

• Travel in the right train(s) and the right part of the train(s) - otherwise you could be

charged an excess or Penalty Fare. You may only change from standard class to

first class areas if a member of staff in that train gives permission or you have paid

the appropriate additional fare.

• Keep your ticket safe. It is your ticket, not the receipt for it, which gives you the

right to travel. Do not lose, damage or attempt to alter your ticket.

• Show and, if asked by a member of Train Company staff, hand over your ticket

and any associated Railcard/photocard for inspection.

• Keep to the applicable Byelaws. If you do not you could be refused travel entirely

or asked to leave a train or station before you have completed your journey

 

That said, I would have simply withdrawn the railcard and recorded details. If I had reason to believe it was fraudulent, I would report for prosecution, if not, I would send a letter advising that the customer must pay the £10 admin fee for a replacement railcard to be issued.

[Old-CodJA]

I am told this particular inspector has a reputation,

 

Passenger Focus have complained about TIL catching too many innocent people and suggested possible revenue enhancement.

 

 

As I understand it, the inspector who must have decided that a report was justified, would be directly employed by Cross Country who pass any case for prosecution to their agents, so it would be interesting to understand the source of your information and how these two comments can both be correct?